What Is Considered Personal Injury in South Carolina
If you’ve suffered a personal injury, you have the right to file a personal injury claim and seek compensation. But what exactly is a “personal injury?” Generally, this is an injury caused by another person’s or party’s negligence. A personal injury can result from various situations, including car accidents, slips and falls, and product defects. Understanding what constitutes personal injury, the potential recoverable damages, and the legal process is vital for victims seeking compensation.
Understanding Personal Injury
In South Carolina, a personal injury is an injury that occurs due to the negligence or wrongful act of another person or party. So, what is negligence? Negligence is when a person fails to act with the level of care a reasonable person would have exercised under the same situation. To establish negligence, the following elements must be proven;
- Duty of Care: You must show the other person or party had a duty to use reasonable care. For instance, in SC, drivers have a responsibility to ensure the safety of others on the road by following traffic laws, avoiding distractions, etc.
- Breach of Duty: You must prove the accused failed to meet their duty of care. For example, drivers may breach this duty by speeding, texting while driving, etc.
- Causation: This entails showing the accused’s breach of duty directly caused their injuries.
- Damages: You must have suffered actual harm or losses.
Types of Personal Injury Claims in South Carolina
Personal injury claims can arise from various situations, including the following;
- Car accidents
- Premises liability
- Slips and falls
- Dog bites
- Medical malpractice
- Workplace injuries
Most workplace injuries are covered under workers’ compensation. However, in some instances, an injured worker may bring a personal injury claim against a third party.
Recoverable Damages
You can seek compensation for various damages after suffering injuries in SC because of another party’s negligence. In SC, damages are divided into two main categories;
- Economic Damages: These include medical expenses, lost wages, and property damage.
- Non-Economic Damages: These include pain and suffering, loss of enjoyment of life, and emotional distress.
Punitive damages may also be recovered in a South Carolina personal injury case. According to South Carolina law, these damages may be recovered if the plaintiff proves their injury resulted from the accused party’s willful, wanton, or reckless conduct.
It is crucial to note that SC follows a modified comparative negligence system. This means you can still recover damages even if you are partially at fault for your accident. However, you will recover less compensation.
Legal Process for a SC Personal Injury Claim
In SC, the legal process for a personal injury claim follows the following steps;
- Seeking medical attention
- Hiring a personal injury attorney
- Investigating the case
- Filing a claim with the at-fault party’s insurance company
- Negotiating with the insurance company
- Settling the case
- Filing a lawsuit if settling the case is not possible
- Trial (if a settlement agreement is not reached)
In SC, personal injury victims have up to three years from the date of the injury to file their lawsuits. This time limit is known as the statute of limitations.
Contact Us for Legal Help
For legal help, contact our experienced Charleston personal injury lawyer at the Gus Anastopoulo Law Firm.
Source:
cstatehouse.gov/code/t15c032.php
